1-1 AN ACT
1-2 relating to municipal or county regulation on the placing,
1-3 screening, or height of amateur radio antennas.
1-4 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-5 SECTION 1. Chapter 250, Local Government Code, is amended by
1-6 adding Section 250.002 to read as follows:
1-7 Sec. 250.002. REGULATION OF AMATEUR RADIO ANTENNAS. (a) A
1-8 municipality or county may not enact or enforce an ordinance or
1-9 order that does not comply with the ruling of the Federal
1-10 Communications Commission in "Amateur Radio Preemption, 101 FCC 2nd
1-11 952 (1985)" or a regulation related to amateur radio service
1-12 adopted under 47 C.F.R. Part 97.
1-13 (b) If a municipality or county adopts an ordinance or order
1-14 involving the placement, screening, or height of an amateur radio
1-15 antenna based on health, safety, or aesthetic conditions, the
1-16 ordinance or order must:
1-17 (1) reasonably accommodate amateur communications; and
1-18 (2) represent the minimal practicable regulation to
1-19 accomplish the municipality's or county's legitimate purpose.
1-20 (c) This section does not prohibit a municipality or county
1-21 from taking any action to protect or preserve a historic,
1-22 historical, or architectural district that is established by the
1-23 municipality or county or under state or federal law.
1-24 SECTION 2. The importance of this legislation and the
2-1 crowded condition of the calendars in both houses create an
2-2 emergency and an imperative public necessity that the
2-3 constitutional rule requiring bills to be read on three several
2-4 days in each house be suspended, and this rule is hereby suspended,
2-5 and that this Act take effect and be in force from and after its
2-6 passage, and it is so enacted.
_______________________________ _______________________________
President of the Senate Speaker of the House
I certify that H.B. No. 1345 was passed by the House on March
17, 1999, by a non-record vote; and that the House concurred in
Senate amendments to H.B. No. 1345 on April 27, 1999, by the
following vote: Yeas 140, Nays 0, 1 present, not voting.
_______________________________
Chief Clerk of the House
I certify that H.B. No. 1345 was passed by the Senate, with
amendments, on April 19, 1999, by the following vote: Yeas 30,
Nays 0.
_______________________________
Secretary of the Senate
APPROVED: _____________________
Date
_____________________
Governor